Patrick S. Malone v. James Rowland

968 F.2d 1221 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Patrick S. MALONE, Petitioner-Appellant, v. James ROWLAND, et. al., Respondent-Appellee. No. 91-15778. United States Court of Appeals, Ninth Circuit. Submitted June 12, 1992. * Decided July 14, 1992. Before ALARCON, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Patrick Malone appeals the district court's denial of his petition for habeas corpus. Malone, who is currently serving a sentence of seventeen years and eight months in California state prison for attempted murder, assault with a deadly weapon, attempted kidnapping, hit and run driving, possession of a silencer, and taking a vehicle without consent, claims his incarceration violates his rights under the Double Jeopardy Clause, the Sixth Amendment, and the Equal Protection Clause of the Fourteenth Amendment. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 . We have jurisdiction over this timely filed appeal pursuant to 28…